Contesting an Obstruction to a Shared Driveway with a Property Easement

A property easement gives others the right to use part of your property for a specific and usually limited purpose. It is described in a legal document and is considered to be a burden on the property. Despite the legal documentation, problems can still arise over time between the parties involved due to lack of understanding of the easement restrictions or willful failure of one party to adhere to the easement requirements.

Driveway Easement

A driveway easement may be given for different reasons. For example, it may give the right of way to a neighbor so the neighbor can reach their property or a street. Sometimes the easement is given to public utilities so they can install lines or make necessary repairs. The driveway becomes a common use ingress/egress but the property owner retains ownership in either situation.

The easement that recognizes a shared property use for the benefit of someone else is technically called an appurtenant easement. A utility easement is called an easement in gross because it benefits an organization that does not own property incidental to yours like your neighbor's property.

An express easement is an easement granted in writing. The driveway easement document is usually attached to the property deed and recorded in probate court. The burden on your property arises from the fact that your property value may be impacted or your rights to build fences or other structures may be severely limited.

Easement Violations

All too often neighbors who are party to an easement will build fences, structures that narrow the width making the driveway impassable, plant trees or build other obstructions in violation of the easement terms. There are cases also where utility companies have installed utility poles or other structures leading to a driveway obstruction.

If you have a recorded driveway easement, the first step to contesting an obstruction is to make sure the obstruction actually violates the easement agreement. If it does you can take any or all of the following steps.

  • Talk to your neighbor or utility company to see if an agreement can be reached as to the removal of the obstruction

If the matter cannot be resolved by talking to the other party then you should consult an attorney. The attorney may advise you to:

  • Write a letter to the neighbor or the utility company referencing the easement document and terms to see if the matter can be resolved
  • File a complaint with the city or county agency responsible for issuing permits for property structures
  • Sue for removal of the obstruction

Get Legal Advice

Though easement disputes can be resolved when the parties involved are reasonable, there are many situations that escalate into an ongoing dispute. That is why it is important to consult an attorney when there is an obstruction that will overburden the easement terms in order to protect your rights and settle the matter as quickly as possible.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to a Real Estate attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you